Harsten Developments Ltd v Eaken & Ors [2012] EWHC 2704 (Ch) (09 October 2012)

Harsten Developments Ltd v Eaken & Ors [2012] EWHC 2704 (Ch) (09 October 2012)

The legal boundary between 25 and 27 Wickwar Road is the middle line of the box hedge as established by the 1926 conveyance, construed by reference to the Ordnance Survey map and physical features. There was no adverse possession by Devlin and Powell. The Bleakens made misrepresentations to Harsten regarding the property sold, entitling Harsten to rescind the contract and claim damages.

Citation
[2012] EWHC 2704 (Ch)
Parties
Claimant (obs30633); Defendant (8 Bs02773): Harsten Developments Limited; Defendant (obs30633): Derek William Bleaken; Defendant (obs30633): David William Bleaken; Defendant (obs30633): Oriel Lynne Bleaken; Claimant (8 Bs02773): John Devlin; Claimant (8 Bs02773): Marianne Powell
Jurisdiction
England and Wales
Judgment Date
09 October 2012
Procedural Posture
Civil (property/chancery) / First Instance Judgment After Consolidated Trial of County Court and High Court Claims
Outcome
County Court: Declaration that the legal boundary is the middle line of the box hedge; High Court: Contract rescinded for misrepresentation, damages awarded to Harsten.
Legal Topics
Boundary Disputes, Interpretation of Conveyances, Adverse Possession, Rescission of Contract, Misrepresentation in Property Transactions
Property Law Contract Law Misrepresentation Boundary Disputes Interpretation of Conveyances Adverse Possession Rescission of Contract Misrepresentation in Property Transactions

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Parties

Harsten Developments Limited

Claimant (obs30633); Defendant (8 Bs02773)

Derek William Bleaken

Defendant (obs30633)

David William Bleaken

Defendant (obs30633)

Oriel Lynne Bleaken

Defendant (obs30633)

John Devlin

Claimant (8 Bs02773)

Marianne Powell

Claimant (8 Bs02773)

Procedural Posture

Civil (property/chancery) / First Instance Judgment After Consolidated Trial of County Court and High Court Claims

Legal Issues

  1. 1 Where is the legal boundary between 25 and 27 Wickwar Road?
  2. 2 Did the Bleakens misrepresent the property sold to Harsten?
  3. 3 Is Harsten entitled to rescind the contract and/or claim damages?

Ratio Decidendi

The legal boundary between 25 and 27 Wickwar Road is the middle line of the box hedge as established by the 1926 conveyance, construed by reference to the Ordnance Survey map and physical features. There was no adverse possession by Devlin and Powell. The Bleakens made misrepresentations to Harsten regarding the property sold, entitling Harsten to rescind the contract and claim damages.

Court Disposition

County Court: Declaration that the legal boundary is the middle line of the box hedge; High Court: Contract rescinded for misrepresentation, damages awarded to Harsten.

Orders

  • Declaration as to boundary location (middle line of box hedge)
  • Rescission of contract between Harsten and the Bleakens